How a Westfield divorce works
Filing for divorce in Hamilton County
Ciyou & Associates represents Westfield spouses in contested and agreed divorces. Westfield divorces are heard about 10 minutes away in Noblesville, and our Fishers office is about 20 minutes from Westfield.
A Westfield divorce follows the Indiana Dissolution of Marriage Act, and it is filed with the Hamilton County Clerk. These are the steps every case moves through, from the petition to the decree.
Where to file
File a verified petition with the Hamilton County Clerk. The case is heard by the Hamilton Circuit and Superior Courts at the Hamilton County Judicial Center, 1 Hamilton County Square in Noblesville.
Ind. Code 31-15-2-5Residency
One spouse must have lived in Indiana for six months and in Hamilton County for three months before filing.
Ind. Code 31-15-2-6Provisional orders
Either spouse can ask for temporary orders on custody, support, maintenance and use of the home while the case is pending.
Ind. Code 31-15-4Waiting period
No decree can be entered sooner than 60 days after the petition is filed, even when the spouses agree.
Ind. Code 31-15-2-10Division of property
All property of both spouses goes into one marital estate, and the court presumes an equal division is fair unless evidence shows otherwise.
Ind. Code 31-15-7-4 and 31-15-7-5Decree and appeal
The final decree divides the estate and sets any custody and support. A notice of appeal is generally due 30 days after a final judgment.
Ind. Appellate Rule 9An agreed case can close soon after the 60 day period ends. A contested case with custody or valuation disputes often takes many months, and the work done early, especially at the provisional hearing, tends to shape the result.
Westfield and Hamilton County
What to expect in a Westfield divorce
The court
Westfield divorce cases go to the Hamilton Circuit and Superior Courts at the Hamilton County Judicial Center, 1 Hamilton County Square in Noblesville. When a couple has two incomes, a mortgage and young children, the division of debt, what happens to the house and the child support calculation often matter as much as the division of savings.
Our Fishers office
Westfield clients usually meet us at our Fishers office, 10412 Allisonville Rd., Suite 207, Fishers, IN 46038, downtown in Indianapolis or by video. The Judicial Center is about 10 minutes from Westfield, and we attend every hearing with you.
Hamilton County cases from our archive
Our published case archive includes Hamilton County divorce appeals on property division in Hunt v. Hunt, maintenance in Swindler v. Swindler and post decree modification and fees in Lavalle v. Lavalle.
Built for review
Our attorneys have handled more than 175 appeals. We ask for written findings, build the record and draft orders with appellate review in mind, so your result holds up if it is ever enforced, modified or appealed.
Related help
Divorce help for Westfield families
Most Westfield cases touch more than one issue. These pages cover the related matters we handle and nearby cities we serve.
Indianapolis divorce lawyers
Our main divorce page, with the full Indiana process.
Westfield child custody attorney
Custody, parenting time and support for Westfield families.
High asset divorce
Businesses, practices, stock options and complex portfolios.
Property division
Identifying, valuing and dividing the marital estate.
Spousal support
When Indiana courts award maintenance and for how long.
Legal separation
A court ordered separation for spouses not ready to divorce.
Protective orders
Seeking a civil protection order or defending against one.
Domestic appeals
Appeals of divorce orders to the Indiana Court of Appeals.
Carmel divorce attorney
Hamilton County, Hamilton County courts in Noblesville.
Noblesville divorce attorney
Hamilton County, Hamilton County Judicial Center in downtown Noblesville.
Fishers divorce attorney
Hamilton County, Hamilton County courts in Noblesville.
Why Ciyou & Associates
Westfield divorce attorneys who try cases and handle the appeals
We are a family law firm with offices in downtown Indianapolis and Fishers, and we represent Westfield clients in Hamilton County. Every case starts with your goal. From there we gather the evidence, prepare you for every hearing and keep you informed as the case moves.
Our attorneys also run an active Indiana appellate practice, so we try each case knowing what the Court of Appeals looks for. If the other side appeals, or the trial court gets the law wrong, the same team that tried the case is ready to take it up.
Your divorce team
Bryan has argued in the Indiana Court of Appeals, the Indiana Supreme Court and the Seventh Circuit, and is admitted to the bar of the United States Supreme Court. We also speak Spanish.
Bryan and Kim lead a team of four attorneys, plus paralegals and an intake specialist who keep your case moving.
What Our Clients Say About Us
Questions we hear
Westfield divorce FAQs
With the Hamilton County Clerk. The case is heard by the Hamilton Circuit and Superior Courts at the Hamilton County Judicial Center, 1 Hamilton County Square in Noblesville, about 10 minutes from Westfield.
There is no automatic answer. The house is part of the marital estate. One spouse can keep it and refinance, it can be sold and the proceeds divided, or one spouse can stay for a time while children finish a school year. The best choice depends on equity, income and the children.
Indiana does not require one, and some agreed cases are simple. When there are children, a business, retirement accounts or a house, or the other side has a lawyer, the rules of evidence and procedure apply to you the same way, and mistakes are hard to fix later.
Consultations are $250 and are with an attorney. The cost of the full case depends on how much is contested and whether it goes to trial.
Yes. A final decree can be appealed to the Indiana Court of Appeals. The notice of appeal is generally due 30 days after the final judgment. Our attorneys have handled more than 175 appeals.
Talk to a Westfield divorce attorney
(317) 210-2000
info@ciyoulaw.com
10412 Allisonville Rd., Suite 207, Fishers, IN 46038
Consultations are $250 and are with an attorney.